The Short Answer

Possibly—but it depends on why the property is jointly owned and whether this is an estate/probate situation. In Pennsylvania probate matters, the Orphans’ Court can authorize a sale of real estate in certain circumstances, and mortgage arrears do not automatically prevent a court-authorized sale (the mortgage lien may follow the property or attach to sale proceeds).

What Pennsylvania Law Says

In Pennsylvania, when real estate is part of a decedent’s estate administration (or otherwise within Orphans’ Court authority), the court can approve a sale when it is desirable for proper administration and distribution of the estate. If there is a mortgage, the lender’s rights generally remain protected—meaning the mortgage may need to be addressed through the sale process, and the lien may be paid from proceeds or otherwise handled as the court directs.

The Statute

The primary law governing court-authorized estate sales is 20 Pa.C.S. § 3353.

This statute establishes that, when a personal representative is not otherwise authorized (or needs the protections of a judicial sale), the Orphans’ Court may order the sale of estate real property—on terms and notice the court directs—when the court finds the sale is desirable for proper administration and distribution of the estate.

Why You Should Speak with an Attorney

Even when a sale is legally possible, applying the rules to a jointly owned property with a delinquent mortgage is fact-sensitive and can become contentious quickly. Legal outcomes often depend on:

• Strict Court Oversight and Notice Requirements: Under 20 Pa.C.S. § 3353, the Orphans’ Court controls the terms, security, and notice for a court-ordered sale, and mistakes can delay or derail the transaction.
• Burden of Proof and Documentation: You may need to show why a sale is “desirable” for administration/distribution, clarify who holds title, and document liens, arrears, and payoff figures—especially if a co-owner disputes the sale or the numbers.
• Exceptions and Competing Rights: The correct remedy may change depending on how title is held (for example, survivorship language, estate-related title issues, or other restrictions). Mortgage foreclosure timelines and lien priority issues can also affect what a sale can accomplish and how proceeds are distributed.

Trying to handle this alone can lead to avoidable court delays, a failed sale, or a result that does not protect you financially—particularly if the lender is already pursuing default remedies.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.